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Yes, it belongs to the land and not the owner.
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How does a homeowners association release a lien against a property when the lien has been paid?
Association counsel -- or the attorney who help the association place the lien, can help you release it, or instruct the owner as to how to go about this action.
Can a homeowners association lien impede a mortgage loan?
Yes, a homeowners association lien can impede a mortgage loan. If a homeowner has outstanding unpaid dues or violations, the homeowners association may place a lien on the property. This lien takes priority over a mortgage, making it difficult for the homeowner to refinance or sell the property without addressing the lien first.
What is an involuntary lien against my property?
An involuntary lien would be a judgment lien by a creditor, a lien for unpaid property taxes or income taxes, a demolition lien, a lien for unpaid common expenses or homeowners association dues or a mechanic's lien. Contrast that with a lien you granted in your property such as a mortgage which would be a voluntary lien.
Can an association rent a property after putting a lien on it?
When an association owns a property, it can rent the property. In this case, the association probably doesn't own the property, else why has a lien been filed. The property owner's title is clouded by the lien, and the property is still owned by the owner. The association may want to work with the owner to rent the property, to produce an income stream. The final decision, however, remains with the property owner.
What can homeowner do if lien is file against his property?
The owner cannot mortgage or sell the property until the lien is paid.
Can a home owner's association foreclose on a home?
If they hold a mortgage or a lien on the property. Home owner's associations often have required dues and if they are not paid, a lien can be placed on the property.
What is more of an encumbrance on property a lien or an easement?
It depends on the lien, the easement, and the owner's intent for the property. Typically, a lien doesn't impede the owner's enjoyment of property rights unless and until the owner wishes to sell. At the point, either the lien must be satisfied by the seller or the property must be sold subject to the lien; in either case, the net monetary return to the seller will be diminished by the amount of the lien. By contrast, an easement essentially allows another entity the right to restrict the owner's use of the portion of the property covered by the easement. If the landowner sells, the land property is sold subject to the easement and the new owner continues to be subject to the easement rights.
Does a homeowners association in Florida have to give notice to the property owner of their intent to file a lien prior to filing a lien?
Yes, in Florida, a homeowners association is generally required to provide notice to the property owner before filing a lien. The notice must be sent by certified mail and include specific information, such as the amount owed, a description of the violation, and a statement of the owner's right to request a hearing. This notice gives the property owner an opportunity to resolve the issue before a lien is filed.
What does it mean when a homeowners association places a lien on a house?
This lien clouds your title of ownership, probably because you owe the association money. To clear the lien, pay the debt, then ask their attorney for a Release of Lien, which you can file at the local county courthouse. This clears your title.
Can a company file a mechanics lien against your property if the builder of your barn owes them money?
Yes, a company can file a mechanics lien against property if the builder of the barn owes them money. This can be a nightmare. To get rid of the lien, a property owner might have to pay the lien holder and then sue the builder for return of funds. This tactic is not fair to the property owner because, if the builder was already paid for the barn, the property owner now has to pay double.
Can an engineer file a lien on a property for services rendered but not paid for by the owner of said property?
Yes, in most jurisdictions they can file a mechanic's lien and follow that up by a judgment lien.
Can you put a lein on a property for maintaining it?
Generally:Only if the owner agreed to pay you to maintain the property and the owner has refused to pay your bill. Then you must sue the owner in court and obtain a judgment lien that can be recorded in the land records.Generally:Only if the owner agreed to pay you to maintain the property and the owner has refused to pay your bill. Then you must sue the owner in court and obtain a judgment lien that can be recorded in the land records.Generally:Only if the owner agreed to pay you to maintain the property and the owner has refused to pay your bill. Then you must sue the owner in court and obtain a judgment lien that can be recorded in the land records.Generally:Only if the owner agreed to pay you to maintain the property and the owner has refused to pay your bill. Then you must sue the owner in court and obtain a judgment lien that can be recorded in the land records.
